SECTION 317:35-5-2. Categorically related programs

(a)   In order to be eligible for SoonerCare, an individual must first meet the description of a member eligibility group. For individuals related to the aged, blind, or disabled groups, categorical relationship is established using the same definitions of age, disability and blindness as used by the Social Security Administration (SSA) in determining eligibility for Supplemental Security Income (SSI) or SSA benefits. If the individual is a SSA/SSI recipient in current payment status (including presumptive eligibility), a TANF recipient, an adoption assistance or kinship guardianship assistance recipient, or is under age nineteen (19), categorical relationship is automatically established. Categorical relationship to the pregnancy group is established when the determination is made by medical evidence that the individual is or has been pregnant. Effective January 1, 2014, verification of pregnancy is only required if the individual's declaration that she is pregnant is not reasonably compatible with other information available to the agency. Pregnancy-related services include all medical services provided within the scope of the program during the prenatal, delivery and postpartum periods for women in this pregnancy group; see Subchapter 22 of this Chapter for services for unborn children covered under Title XXI. For an individual age nineteen (19) or over to be related to the parent and caretaker relative group, the individual must have a minor dependent child. For an individual to be related to the former foster care children group, the individual must not be eligible for the Title XIX pregnancy or parent or caretaker relative groups, must be aged 19-26, and must have been receiving SoonerCare as a foster care child when he/she aged out of foster care in Oklahoma. There is no income or resource test for the former foster care children group. Categorical relationship to Refugee services is established in accordance with OAC 317:35-5-25. Categorical relationship for the Breast and Cervical Cancer Treatment program is established in accordance with OAC 317:35-21. Categorical relationship for the SoonerPlan Family Planning Program is established in accordance with OAC 317:35-5-8. Categorical relationship for pregnancy related benefits covered under Title XXI is established in accordance with OAC 317:35-22. Benefits for pregnancies covered under Title XXI medical services are provided within the scope of the program during the prenatal, delivery and postpartum care when included in the global delivery payment. To be eligible for SoonerCare benefits, an individual must be related to one of the following eligibility groups:

(1)   Aged

(2)   Disabled

(3)   Blind

(4)   Pregnancy

(5)   Children, also including newborns deemed eligible

(6)   Parents and Caretaker Relatives

(7)   Refugee

(8)   Breast and Cervical Cancer Treatment program

(9)   SoonerPlan Family Planning Program

(10)   Benefits for pregnancies covered under Title XXI

(11)   Former foster care children.

(b)   The Authority may provide SoonerCare to reasonable categories of individuals under age twenty-one (21).

(1)   Individuals eligible for SoonerCare benefits include individuals between the ages of nineteen (19) and twenty-one (21):

(A)   for whom a public agency is assuming full or partial financial responsibility who are in custody as reported by the Oklahoma Department of Human Services (OKDHS) and in foster homes, private institutions or public facilities; or

(B)   in adoptions subsidized in full or in part by a public agency; or

(C)   individuals under age twenty one (21) receiving active treatment as inpatients in public psychiatric facilities or programs if inpatient psychiatric services for individuals under age twenty one (21) are provided under the State Plan and the individuals are supported in full or in part by a public agency; or

(2)   Individuals eligible for SoonerCare benefits include individuals between the ages of eighteen (18) and twenty one (21) if they are in custody as reported by OKDHS on their 18^th birthday and living in an out of home placement.

[Source: Added at 12 Ok Reg 753, eff 1-6-95 through 7-14-95 (emergency); Added at 12 Ok Reg 3133, eff 7-27-95; Amended at 13 Ok Reg 911, eff 8-1-95 (emergency); Amended at 13 Ok Reg 2537, eff 6-27-96; Amended at 19 Ok Reg 136, eff 9-1-01 (emergency); Amended at 19 Ok Reg 2149, eff 6-27-02; Amended at 22 Ok Reg 1012, eff 4-1-05 (emergency); Amended at 22 Ok Reg 2518, eff 7-11-05; Amended at 23 Ok Reg 275, eff 9-1-05 (emergency); Amended at 23 Ok Reg 1387, eff 5-25-06; Amended at 25 Ok Reg 430, eff 1-1-08 (emergency); Amended at 25 Ok Reg 1227, eff 5-25-08; Amended at 27 Ok Reg 1481, eff 6-11-10; Amended at 29 Ok Reg 1149, eff 6-25-12; Amended at 30 Ok Reg 1209, eff 7-1-13; Amended at 33 Ok Reg 892, eff 9-1-16; Amended at 34 Ok Reg 196, eff 11-22-16 (emergency); Amended at 34 Ok Reg 719, eff 9-1-17; Amended at 35 Ok Reg 1464, eff 9-14-18]